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1978 Supreme(Ker) 164

P.JANAKI AMMA
MRS. CELINE SOURUNNY – Appellant
Versus
MARY PAUL ABRAO – Respondent


Judgment :-

1. The petitioners are the tenants in respect of a building belonging to the respondents. R.C. (OP.) 97 of 1976 was filed by the respondents for eviction of the revision petitioners on the ground of arrears of rent and also for re-construction. The respondents are prepared to give the first option to the petitioners to have the reconstructed building allotted to them with the liability to pay fair rent. The case of the respondents is that the building was let on a monthly rent of Rs. 50 payable on the first day of every English month and that the petitioners failed to pay the arrears of rent due from Ist March 1972. The petitioners in their objections disputed their liability to be evicted. They admitted that the building was taken on rent by their father on 2nd January 1950, fixing a rent of Rs. 50. According to the petitioners, an amount of Rs. 950 was deposited on 13th September 1972 which was more than the actual amount due on that date. Various amounts were subsequently paid and the entire arrears were paid upto 20th August 1973. According to them, from 20th August 1973 till 3rd June 1976, the entire arrears came to Rs. 1500 and the same was paid on 3rd June 1976.






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